C.Venkatesan v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.01.2025
CORAM
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR C.Venkatesan, The Branch Manager, State Express Transport Corporation Tamil Nadu Ltd., Trichy, Trichy District.
... Petitioner Vs.
1.The Commissioner of Police, Trichy, Trichy District.
2.The Inspector of Police, K.K.Nagar Police Station, Trichy District.
3.N.Nallendran ... Respondents Prayer: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, 1973 to grant adequate police protection to the properties of the corporation in order to prevent any damages while vacating the third respondent from illegal occupation of the petitioner's premises in State Express Transport Corporation, Tiruchirappalli Workshop, T.V.S. Tollgate, Subramaniyapuram, Tiruchirappalli-20, Trichy District by considering the representation of the petitioner dated 18.12.2024.
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For Petitioner : Mr.S.C.Herold Singh For R1 & R2 : Mr.K.Sanjai Gandhi Government Advocate (Crl.Side)
O R D E R
The Criminal Original Petition has been filed under Section 482 of the Criminal Procedure Code, 1973, seeking the grant of adequate police protection for the properties of the corporation, to prevent any damage during the process of vacating the third respondent from the illegal occupation of the corporation's premises at State Express Transport Corporation, Tiruchirappalli Workshop, T.V.S.
Tollgate, Subramaniyapuram, Tiruchirappalli-20, Trichy District, based on the petitioner's representation dated 18.12.2024.
2. The learned counsel for the petitioner submitted that the petitioner, the Branch Manager of the State Transport Corporation, had sent a complaint to the first respondent, the Commissioner of Police, Trichy Corporation, on 18.12.2024, seeking adequate police protection for the removal of the encroachment made by the third respondent on the properties of the State Transport Corporation. He further submitted that the third respondent's father was a former employee of the State Transport Page No. 2 of 5
Corporation, and no licence or lease had been granted either to the third respondent or to his father, Nagarajan, to occupy or enjoy the properties of the State Transport Corporation. It was also submitted that, earlier, the third respondent had obtained a licence from Aavin to run an Aavin Milk Parlour by suppressing facts, but the State Transport Corporation objected to it, and the licence was subsequently cancelled. Thereafter, the third respondent has filed a suit in O.S.No.665 of 2020 before the Principal District Munsif Court, Trichy, which was dismissed by a judgment dated 28.10.2024. Therefore, there is no legal obstruction to the removal of the encroachment by the third respondent, but the police have not taken any action.
3. The learned Government Advocate (Criminal Side) appearing for the first and second respondents submitted that the petitioner's complaint has been received. The first respondent has forwarded the same to the second respondent, who is taking appropriate steps. He assured that, as and when the State Transport Corporation takes steps to remove the encroachment, the second respondent would give adequate police protection to the petitioner.
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4. In view of the above, the Assistant Commissioner of Police, K.K. Nagar Range, Trichy, shall ensure that appropriate police protection is given to the petitioner for the removal of the encroachment made by the third respondent on the properties of the State Transport Corporation. The State Transport Corporation shall inform the Assistant Commissioner of Police prior to the removal of the encroachment.
5. Accordingly, this Criminal Original Petition stands disposed of. 21.01.2025 Index: Yes/ No Speaking Order/Non-Speaking Order JEN To:
1.The Commissioner of Police, Trichy, Trichy District.
2.The Assistant Commissioner of Police, K.K.Nagar Range, Trichy.
3.The Inspector of Police, K.K.Nagar Police Station, Trichy District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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M.NIRMAL KUMAR , J.
JEN 21.01.2025 Page No. 5 of 5